CHIRANJI LAL Vs. GURNAM KAUR

JUDGEMENT

(1.) The appellants Chiranji Lal, Ramji Dass, and the Vanguard Insurance Company Ltd. were respondents in an application under section 110-A of Motor Vehicles Act, 1939, filed by the heirs and legal representatives of one Dalip Singh claiming Rs. 50,000.00 as compensation on account of the death of Dalip Singh. The application was allowed by the Motor Accidents Claims Tribunal, Delhi, who gave an award for Rs. 9,942.00 in their favour. The present appeal is directed against that award.

(2.) Dalip Singh was working as a Laboratory Assistant in the College of Nursing at New Delhi. He met with an accident on Mathura Road, near Friends Colony, New Delhi, at about 5-30 P.M. on January 12,1962, when he was knocked down by truck No. DLG 2267 which was toeing driven by Chiranji Lal, appellant No. 1, and was owned by Ramji Das, appellant No. 2. The vehicle was insured with appellant No. 3, the Vanguard Insurance Company Ltd., Madras. Dalip Singh died on the spot as a result of injuries received by him. As already stated, the respondents are heirs and legal representatives of the deceased and have thus suffered a loss on account of his death.

(3.) Two contentions have been raised before me by Mr. H. S. Dhir, learned counsel for the appellants. The first contention urged by Mr. Dhir is that there is complete lack of evidence to establish that the motor vehicle involved in the accident was being driven rashly and negligently. In order to prove the motor driver's negligence, the respondents examined two eye-witnesses besides the Investigating Officer and the doctor, who performed the post mortem examination on the dead-body of Dalip Singh. The first eye-witness Gurdev Singh (P.W. 2) stated that he was coming from Okhla on his cycle when he saw Dalip Singh deceased about 25 to 30 paces ahead of him. He deposed that a truck came from behind at great speed and after crossing him knocked down Dalip Singh who was run over by the front wheel of the truck. The truck stopped at a distance of 30 to 40 yards away from the place where Dalip Singh was knocked down and that Dalip Singh died on the spot. He also stated that the driver did not give any horn. In cross- examination he stated that Dalip Singh was not carrying anything on his cycle and that he did not see any tin or bags on the cycle. He denied the suggestion that Dalip Singh could not control his cycle and, therefore, fell down. He, however, admitted that he neither lodged a report with the police nor was he examined by the police in the criminal Court. He also stated that the police did not come on the scene in his presence. He, however, stated that two days after the accident he went to the police station, Lajpat Nagar, to find out the address of the deceased and that he then went to the house of the deceased where he gave his address to the relations of the deceased. I agree with Mr. Dhir that the evidence of this witness does not inspire confidence and although the Tribunal did not say so in so many words no reliance appears to have been placed on his testimony by the Tribunal too.